 |
 |
 |
 |
 |
 |
 |
the law that protects What
is the Jones Act? It is
commercial mariners
injured in the course of
their employment aboard
U.S. vessels. It provides
legal remedies that include
non-economic loss such as
pain and suffering, as well
as coverage for a seaman's
economic loss. This
includes living expenses
and medical expenses,
referred to as maintenance
and cure, respectively,
under U.S. maritime law.
In the case at hand, a crew
member of a motor yacht
working in the capacity of
chief stewardess. She was
involved in a an incident
where she injured her spine
and head. The lower court
ruled in favor of the vessel
interest in summary
judgment motion (which
determines the existence of
a triable issue of fact - if no
issue of fact to litigate in
court, the issue at hand is
decided by the outcome of
the motion)
In a Jones Act case, the
court has to apply a test to
determine whether the
injured person was a
member of the crew. It also
has to apply a test to
determine whether an injury
took place within the course
of employment. In the
instant case, the court
found that the injury did
occur in the scope of
employment, supporting the
position of the employee.
Read more at - UNITED
STATES COURT OF
APPEALS for the
ELEVENTH CIRCUIT No.
19-10605
Herrera, Plaintiff-Appellant
versus
7R Charter,
Defendant-Appellee.
Appeal from the United
States District Court for the
Southern District of Florida
_
Back to Maritime Law News
Back to Maritime Attorney Homepage
is the Jones Act? It is
commercial mariners
injured in the course of
their employment aboard
U.S. vessels. It provides
legal remedies that include
non-economic loss such as
pain and suffering, as well
as coverage for a seaman's
economic loss. This
includes living expenses
and medical expenses,
referred to as maintenance
and cure, respectively,
under U.S. maritime law.
In the case at hand, a crew
member of a motor yacht
working in the capacity of
chief stewardess. She was
involved in a an incident
where she injured her spine
and head. The lower court
ruled in favor of the vessel
interest in summary
judgment motion (which
determines the existence of
a triable issue of fact - if no
issue of fact to litigate in
court, the issue at hand is
decided by the outcome of
the motion)
In a Jones Act case, the
court has to apply a test to
determine whether the
injured person was a
member of the crew. It also
has to apply a test to
determine whether an injury
took place within the course
of employment. In the
instant case, the court
found that the injury did
occur in the scope of
employment, supporting the
position of the employee.
Read more at - UNITED
STATES COURT OF
APPEALS for the
ELEVENTH CIRCUIT No.
19-10605
Herrera, Plaintiff-Appellant
versus
7R Charter,
Defendant-Appellee.
Appeal from the United
States District Court for the
Southern District of Florida
_
Back to Maritime Law News
Back to Maritime Attorney Homepage